McCollum

Plaintiffs, Jack McCollum, Geraldine Lugenbuehl, Estate of John Daniel McCollum, Jack McCollum, administrator (hereinafter plaintiffs) appeal from an order of dismissal following the sustaining of a demurrer without leave to amend. The defendants John “Ozzy” Osbourne (Osbourne), CBS Records and CBS, Incorporated (hereinafter collectively CBS), Jet Records, Bob Daisley, Randy Rhoads, Essex Music International, Ltd., and Essex Music International Incorporated, composed, performed, produced and distributed certain recorded music which plaintiffs claim proximately resulted in the suicide of their decedent. As we conclude that plaintiffs’ pleading (1) fails to allege any basis for overcoming the bar of the First Amendment’s guarantee of free speech and expression and, in any event, (2) fails to allege sufficient facts to show any intentional or negligent invasion of plaintiffs’ rights, we affirm.

Factual and Procedural Background

On October 26, 1984, the plaintiffs’ decedent, John Daniel McCollum (John), shot and killed himself while lying on his bed listening to Osbourne’s recorded music. John was 19 years old at the time, and had a problem with alcohol abuse as well as…